ACT of the British Parliament to make such Provisions with respect to the Prohibition of catching Seals and Sea Otters in certain Parts of the Pacific Ocean, and for the enforcement of such Prohibitions as are necessary to carry out a Convention between His Majesty the King and the United States of America, the Emperor of Japan, and the Emperor of All the Russias. (Seal Fisheries (North Pacific) Act, 1912.")

[2 & 3 Geo. V, c. 10.]

[August 7, 1912.]

WHEREAS a Convention has been entered into between His Majesty and the United States of America, the Emperor of Japan, and the Emperor of All the Russias with respect to the prohibition of pelagic sealing in certain parts of the Pacific Ocean,* and it is desirable that such amendments of the law should be made as will enable effect to be given to that Convention:

Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. The seas with respect to which an Order in Council may be made under "The Seal Fisheries (North Pacific) Act, 1895,"f prohibiting the killing, taking, and hunting of seals therein shall include the seas within such part of the Pacific Ocean as is north of the 30th parallel of north latitude, including the Seas of Behring, Kamchatka, Okhotsk, and Japan, and accordingly that Act shall have effect as if in sub-section (2) of section 7 thereof for the words "within that part of the Pacific Ocean known as Behring's Sea, and within such other parts of the Pacific Ocean as are north of the 42nd parallel of north latitude," there were substituted the words "within such part of the Pacific Ocean as is north of the 30th parallel of north latitude, including the Seas of Behring, Kamchatka, Okhotsk, and Japan."

2. His Majesty in Council shall have the like power of making Orders in Council under the said Act as amended by this Act with respect to the killing, taking, and hunting of sea otters within such part of the Pacific Ocean as aforesaid as with respect to the killing, taking, and hunting of seals, and that Act as so amended shall apply accordingly.

3.—(1.) If any person uses any port within the United Kingdom for the purpose of equipping any ship intended to be used or employed in killing, taking, or hunting seals, in contravention of any such Order as aforesaid, he shall be guilty of an offence, and shall be liable to be dealt with as if such offence were an offence declared to be a misdemeanour by "The Merchant Shipping Act, 1894," and the ship and her equipment Vol. CIV, page 175.

* July 7, 1911.

↑ Vol. LXXXVII, page 958.

Vol. LXXXVI, page 633,

and everything on board thereof shall be subject to forfeiture to His Majesty.

(2.) If the Secretary of State is satisfied that there is reasonable cause for believing that a ship has been or is being equipped contrary to this section, the Secretary of State may authorize the Board of Trade, or any officer of the Board, to seize and detain the ship. Where such an authority is given, the ship may be seized and detained in like manner as if it were liable to seizure and detention under the Merchant Shipping Acts, 1894 to 1907.

(3.) For the purposes of this section, "equipping" in relation to a ship shall include the furnishing of a ship with any tackle, apparel, furniture, provisions, munitions, fuel or stores, or any other thing which is used in or about a ship for the purpose of fitting or adapting her for the sea or for killing, taking, or hunting seals.

4. Skins of seals taken in contravention of any such Order as aforesaid, and skins of seals identified as being of the species known as Callorhinus alascanus, Callorhinus ursinus, and Callorhinus kurilensis, and belonging to the American, Russian, or Japanese herds, except such as are taken under the authority of the respective Powers to which the breeding grounds of such herds belong and have been officially marked and certified as having been so taken, shall, subject to the provisions of this section, be deemed to be included in the table of prohibitions and restrictions contained in section 42 of "The Customs Consolidation Act, 1876," and that section shall apply accordingly.

5.-(1.) His Majesty may by Order in Council extend the provisions of the last two foregoing sections to any part of His Majesty's dominions outside the United Kingdom to any British protectorate and to Cyprus, subject to such modifications and adaptations as may appear to him to be necessary:

Provided that those provisions shall not be so extended to a self-governing dominion except with the consent of the Governor-General in Council or Governor in Council of the dominion.

(2.) For the purposes of this section, "self-governing dominion" means the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, and Newfoundland.

6. This Act may be cited as "The Seal Fisheries (North Pacific) Act, 1912," and shall be construed with "The Seal Fisheries (North Pacific) Act, 1895"; and that Act and this Act may be cited together as "The Seal Fisheries (North Pacific) Acts, 1895 and 1912."

ACT of the British Parliament to remove doubts as to validity of certain Marriages solemnized in the Empir Japan. (“Marriages in Japan (Validity) Act, 1912. [December 13, 19

[2 & 3 Geo. V, c. 15.]

WHEREAS doubts have been entertained with respect to validity of certain marriages (both or one of the parties the being subjects or a subject of this realm) solemnized in Empire of Japan since the 16th July, 1899 (being the date w a treaty between Her late Majesty Queen Victoria and Majesty the Emperor of Japan, dated the 16th July, 1894,* ca into force), and it is expedient to remove those doubts :

Be it therefore enacted by the King's most Excell Majesty, by. and with the advice and consent of the Lo Spiritual and Temporal, and Commons, in this present Par ment assembled, and by the authority of the same, as follows

1. All marriages (both or one of the parties thereto be subjects or a subject of this realm) solemnized before the pass of this Act in the Empire of Japan, which would have been va if solemnized immediately before the 16th July, 1899, shall and shall be deemed always to have been as valid in law a they had been solemnized within His Majesty's dominions w the due observance of all forms required by law:

Provided that this Act shall not render valid any marria which before the passing of this Act has been declared inva by any court of competent jurisdiction, or affect any rig dependent on the validity or invalidity thereof, or render va any marriage either of the parties to which has subsequent during the life of the other lawfully intermarried with any ot person.

2. This Act may be cited as "The Marriages in Jap (Validity) Act, 1912."

ACT of the Government of Canada respecting the Customs. [Chapter 48.] [Revised Statutes, 1900

Short Title.

1. Tus Act may be cited as "The Customs Act." R.

c. 32 s. 1.

Interpretation.

2. In or for the purposes of this Act, or any other la relating to the Customs, unless the context otherwise requires,(a.) "Minister" means the Minister of Customs;

* Vol. LXXXVI, page 39.

Amended by 6 & 7 Edw. VII, c. 10 (1907), page 81; and 7 &

Edw. VII, c. 19 (1908), page 83.

(b.) "Port" means a place where vessels or vehicles may discharge or load cargo;

(e.) "Collector" means the collector of the Customs at the port or place intended, or any person lawfully deputed, appointed, or authorised to do the duty of collector thereat;

(.) "Officer" means an officer of the Customs;

(.) "Vessel" includes any ship, vessel, or boat of any kind whatsoever, whether propelled by steam or otherwise, and whether used as a sea-going vessel or on inland waters only, and also includes any vehicle as hereinafter defined;

(.) “Vehicle" means any cart, car, wagon, carriage, barrow, sleigh, or other conveyance of what kind soever, whether drawn or propelled by steam, by animals, or by hand or other power, and includes the harness or tackle of the animals, and the fittings, furnishings, and appurtenances of the vehicle;

(9.) "Master" means the person having or taking charge of any vessel or vehicle;

(h.) * Conductor" means the person in charge or having the chief direction of any railway train;

(7.) "Owner," "importer," or "exporter," includes any person lawfully acting on behalf of the owner, importer, or exporter:

(j.) "Goods" means goods, wares, and merchandise, or movable effects of any kind, including carriages, horses, cattle, and other animals;

(4.) Warehouse" means any place, whether house, shed, vard, dock, pond, or other place in which goods imported may be lodged, kept, and secured without payment of duty;

(1.) Customs warehouse" includes sufferance warehouse, bonding warehouse, and examining warehouse;

(m.) "Oath" includes declaration and affirmation;

(n.) “Seized and forfeited," "liable to forfeiture," or "subject to forfeiture," or any other expression which might of itself imply that some act subsequent to the commission of the offence is necessary to work the forfeiture, shall not be construed as rendering any such subsequent act necessary, but the forfeiture shall accrue at the time and by the commission of the offence, in respect of which the penalty or forfeiture is imposed;

(9.) Value" in respect of any penalty or forfeiture imposed by this Act and based upon the value of any goods or articles, means the duty-paid value of such goods or articles at the time of the commission of the offence by which such penalty or forfeiture is incurred;

(p.) "Frontier port" means the first port at which the vehicle carrying the goods to be entered arrives by land in Canada after crossing the frontier, and the sea, lake, or river port at which the vessel in which the goods are carried arrives direct from a port or place of Canada;

(q.) "Court" means the Exchequer Court of Canada, or any superior Court;

(r.) Duty" or "duties" includes special duty and surtax; (8.) All carrying by water which is not a carrying by sea or coastwise shall be deemed to be a carrying by inland navigation;

(t.) The necessary discharging of any goods for the purpose of lightening a vessel in order to pass any shoal or otherwise for the safety of such vessel shall not be deemed an unlawful landing or breaking of bulk.

2. All the expressions and provisions of this Act, or of any law relating to the Customs, shall receive such fair and liberal construction and interpretation as will best ensure the protection of the revenue and the attainment of the purpose for which this Act or such law was made, according to its true intent, meaning, and spirit. R.S., c. 32, ss. 2, 29, 111; 51 Vict., c. 14, s. 2; 58-59 Vict., c. 22, s. 3; 4 Edw. VII., c. 10, s. 1.

Department of Customs.

3. There shall be a department which shall be called the Department of Customs, over which the Minister of Customs for the time being appointed by the Governor-General by commission under the Great Seal shall preside. RS. 32, s. 3; 60–61 Vict., c. 18, s. 2.

4. There shall be a Commissioner of Customs, who shall be the deputy of the Minister, appointed by the Governor in Council, who shall hold office during pleasure, and shall have such powers and perform such duties as are assigned to him by the Governor in Council or by the Minister. R.S., c. 32, s. 4; 58-59 Vict., c. 22, s. 3.

5. There shall be an Assistant Commissioner of Customs appointed by the Governor in Council, who shall hold office during pleasure, and shall have such powers and perform such duties as are assigned to him by the Governor in Council or by the Minister. 3 Edw. VII, c. 14, s. 3.

6.-(1.) The Minister may, from time to time, authorize the employment of such temporary or acting officers of Customs in the second or outside division of the Department of Customs as are required to carry on the work of the department.

(2.) No such officer so employed shall receive a higher salary than he would be allowed if appointed permanently to the same rank and class; nor shall any such salary be paid until voted by Parliament. 3 Edw. VII, c. 14, s. 4.

7. The Department of Customs shall have the control and management of the collection of the duties of Customs, and of matters incident thereto, and of the officers and persons employed in that service. R.S., c. 32, s. 5.

Board of Customs.

8.-(1.) There shall be a Board of Customs, which shall consist of the Commissioner of Customs, or any officer for the time being